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53562 Federal Register / Vol. 71, No.

176 / Tuesday, September 12, 2006 / Rules and Regulations

(1) The Director of the Federal Register auxiliary fuel system installed in New York Aircraft Certification Office,
approved the incorporation by reference of accordance with STC SA83NE, 1600 Stewart Avenue, Suite 410,
Airbus Service Bulletin A300–53–6037, SA1078NE, SA725NE, ST00040NY, or Westbury, New York 11590; telephone
Revision 02, dated October 28, 2004; and ST01337NY. This AD requires a one- (516) 228–7323; fax (516) 794–5531.
Airbus Service Bulletin A300–53–6045,
Revision 03, dated October 28, 2004; in
time deactivation of the auxiliary fuel SUPPLEMENTARY INFORMATION:
accordance with 5 U.S.C. 552(a) and 1 CFR system, repetitive venting of the
part 51. auxiliary fuel tanks, and revising the Discussion
(2) On August 4, 1997 (62 FR 35072, June Limitations section of the airplane flight PATS Aircraft (holder of
30, 1997), the Director of the Federal Register manual to limit the maximum cargo Supplemental Type Certificates (STC)
approved the incorporation by reference of weight. This AD results from a re- SA83NE, SA1078NE, SA725NE,
Airbus Service Bulletin A300–53–6045, evaluation of the floor structure and ST00040NY, and ST01337NY) notified
dated March 21, 1995, as revised by Change cargo barriers conducted by the STC
Notice No. O.A., dated June 1, 1995; and us that it has determined that Boeing
holder. We are issuing this AD to Model 737–200, –300, –400, and –500
Airbus Service Bulletin A300–53–6037,
dated March 21, 1995.
prevent structural overload of the series airplanes equipped with an
(3) Contact Airbus, 1 Rond Point Maurice auxiliary fuel tank support structure, auxiliary fuel tank system installed by
Bellonte, 31707 Blagnac Cedex, France, for a which could cause the floor beams to STC SA83NE, SA1078NE, SA725NE,
copy of this service information. You may fail and resultant damage to the primary ST00040NY, or ST01337NY, have
review copies at the Docket Management flight controls and the auxiliary power insufficient structural strength in the
Facility, U.S. Department of Transportation, unit fuel lines that pass through the auxiliary fuel tank support structure.
400 Seventh Street, SW., Room PL–401, floor beams, and consequent loss of The STC holder has also determined
Nassif Building, Washington, DC; on the control of the airplane. We are also
Internet at http://dms.dot.gov; or at the that the cargo barriers have insufficient
issuing this AD to prevent structural structural strength if subjected to
National Archives and Records
Administration (NARA). For information on
overload of the cargo barriers, which emergency landing loads with the cargo
the availability of this material at the NARA, could cause the barriers to fail, allowing load weights listed in the existing
call (202) 741–6030, or go to http:// the cargo to shift, resulting in possible airplane flight manual (AFM)
www.archives.gov/federal_register/ damage to the auxiliary fuel tanks, supplements. These determinations
code_of_federal_regulations/ residual fuel leakage, and consequent were based on a new structural analysis
ibr_locations.html. increased risk of a fire. resulting from a re-evaluation of the
Issued in Renton, Washington, on DATES: This AD becomes effective floor structure and cargo barriers
September 1, 2006. September 27, 2006. conducted by the STC holder. Structural
Kalene C. Yanamura, The Director of the Federal Register overload of the auxiliary fuel tank
Acting Manager, Transport Airplane approved the incorporation by reference support structure could cause the floor
Directorate, Aircraft Certification Service. of certain publications listed in the AD beams to fail, resulting in damage to the
[FR Doc. E6–14942 Filed 9–11–06; 8:45 am] as of September 27, 2006. primary flight controls and the auxiliary
BILLING CODE 4910–13–P
We must receive comments on this power unit (APU) fuel lines that pass
AD by November 13, 2006. through the floor beams, and
ADDRESSES: Use one of the following consequent loss of control of the
DEPARTMENT OF TRANSPORTATION addresses to submit comments on this airplane. Structural overload of the
AD. cargo barriers could cause the barriers to
Federal Aviation Administration • DOT Docket Web site: Go to fail, allowing the cargo to shift, resulting
http://dms.dot.gov and follow the in possible damage to the auxiliary fuel
14 CFR Part 39 instructions for sending your comments tanks, residual fuel leakage, and
[Docket No. FAA–2006–25746; Directorate
electronically. consequent increased risk of a fire.
Identifier 2006–NM–151–AD; Amendment • Government-wide rulemaking Web
site: Go to http://www.regulations.gov Relevant Service Information
39–14750; AD 2006–18–11]
and follow the instructions for sending We have reviewed the PATS Aircraft
RIN 2120–AA64 your comments electronically. service bulletins listed in the table
• Mail: Docket Management Facility; below. These service bulletins describe
Airworthiness Directives; Boeing U.S. Department of Transportation, 400 procedures for deactivating the auxiliary
Model 737–200, –300, –400, and –500 Seventh Street, SW., Nassif Building, fuel system, which, for certain
Series Airplanes Equipped With an room PL–401, Washington, DC 20590. airplanes, includes installing new cargo
Auxiliary Fuel System Installed in • Fax: (202) 493–2251. loading weight limit and ‘‘INOP’’
Accordance With Supplemental Type • Hand Delivery: Room PL–401 on placards, depending on the airplane
Certificate (STC) SA83NE, SA1078NE, the plaza level of the Nassif Building, configuration. The service bulletins also
SA725NE, ST00040NY, or ST01337NY 400 Seventh Street, SW., Washington, describe procedures for venting any
AGENCY: Federal Aviation DC, between 9 a.m. and 5 p.m., Monday residual air pressure from the auxiliary
Administration (FAA), Department of through Friday, except Federal holidays. fuel tanks following each flight. For
Transportation (DOT). Contact PATS Aircraft, LLC, Product certain airplanes, paragraph I.D.
Support, 21652 Nanticoke Avenue, (‘‘Description’’) of the service bulletins
ACTION: Final rule; request for
Georgetown, Delaware 19947, for describes limiting the maximum cargo
comments. service information identified in this weight (as specified on the new cargo
SUMMARY: The FAA is adopting a new AD. weight placards) in the forward and aft
airworthiness directive (AD) for certain FOR FURTHER INFORMATION CONTACT: Jon cargo compartments, as applicable,
Boeing Model 737–200, –300, –400, and Hjelm, Aerospace Engineer, Airframe depending on the STC configuration of
jlentini on PROD1PC65 with RULES

–500 series airplanes equipped with an and Propulsion Branch, ANE–171, FAA, the airplane.

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Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Rules and Regulations 53563

TABLE—APPLICABLE SERVICE BULLETINS


For model— Having serial number(s) (S/N)— STC— Use PATS aircraft service bulletin—

737–200 series airplanes .......................... 22431 and 22628 ..................................... SA83NE ...... SA83NE–28–SB–002_IR, dated June 7,
2006.
737–200 series airplanes .......................... 22600 ....................................................... SA1078NE .. SA1078NE–28–SB–005_A, Revision A,
dated June 21, 2006.
737–200, –300, –400, and –500 series 23800, 22620, 23124, 23468, 26333, SA725NE .... SA725NE–28–SB–007_B, Revision B,
airplanes. 26307, 27456, 27426, and 27906. dated July 27, 2006.
737–500 series airplanes .......................... 24970 ....................................................... ST00040NY ST00040NY–28–SB–003_IR, dated June
7, 2006.
737–500 series airplanes .......................... 28866 ....................................................... ST01337NY ST01337NY–28–SB–002_IR, dated June
7, 2006.

We have also reviewed the PATS Boeing AFMs, which are listed in the supplements provide revised maximum
Aircraft AFM supplements to the following table. These AFM cargo weight limits.
Limitations section of the applicable

TABLE—AFM SUPPLEMENTS FOR REVISED MAXIMUM CARGO WEIGHT LIMITS


STC Use PATS aircraft AFM Supple-
For model— Having S/N(s)— STC— configuration(s)— ment—

737–200 series airplanes ............ 23124 .......................................... SA725NE .... 2 ................................ 148, dated May 31, 2006.
737–200 series airplanes ............ 22620 and 23468 ........................ SA725NE .... 3 and 8 ...................... 149, Revision A, dated August
11, 2006.
737–200 series airplanes ............ 22600 .......................................... SA1078NE .. 3 Tank forward .......... 152, dated May 31, 2006.
737–200 series airplanes ............ 22431 and 22628 ........................ SA83NE ...... 2 ................................ 155, dated May 31, 2006.
737–300 series airplanes ............ 27456, 26307, and 26333 .......... SA725NE .... 1 and 6 ...................... 147, dated May 31, 2006.
737–300 series airplanes ............ 23800 .......................................... SA725NE .... 7 ................................ 151, dated May 31, 2006.
737–400 and –500 series air- 27906 and 27426 ........................ SA725NE .... 4 and 5 ...................... 150, dated May 31, 2006.
planes.
737–500 series airplanes ............ 28866 .......................................... ST01337NY Aft 3-tank ................... 153, Revision A, dated August 3,
2006.
737–500 series airplanes ............ 24970 .......................................... ST00040NY 7 ................................ 154, dated May 31, 2006.

FAA’s Determination and Requirements deactivating the auxiliary fuel system or Comments Invited
of This AD implementing the new cargo weight
This AD is a final rule that involves
limits. In developing an appropriate
The unsafe condition described requirements that affect flight safety and
compliance time for those actions in was not preceded by notice and an
previously is likely to exist or develop
on other airplanes of the same type this AD, we considered the degree of opportunity for public comment;
design. For this reason, we are issuing urgency associated with the subject however, we invite you to submit any
this AD to prevent structural overload of unsafe condition, the average utilization relevant written data, views, or
the auxiliary fuel tank support structure, of the affected fleet, and the time arguments regarding this AD. Send your
which could cause the floor beams to necessary to perform the deactivation (3 comments to an address listed in the
fail and resultant damage to the primary work hours) and AFM revision. In light ADDRESSES section. Include ‘‘Docket No.
flight controls and the APU fuel lines of all of these factors, we find that a 30- FAA–2006–25746; Directorate Identifier
that pass through the floor beams, and day compliance time represents an 2006–NM–151–AD’’ at the beginning of
consequent loss of control of the appropriate interval of time for affected your comments. We specifically invite
airplane. We are also issuing this AD to airplanes to continue to operate without comments on the overall regulatory,
prevent structural overload of the cargo compromising safety. economic, environmental, and energy
barriers, which could cause the barriers aspects of the AD that might suggest a
to fail, allowing the cargo to shift, Interim Action need to modify it.
resulting in possible damage to the We consider this AD interim action. If We will post all comments we
auxiliary fuel tanks, residual fuel final action is later identified, we may receive, without change, to http://
leakage, and consequent increased risk consider further rulemaking then. dms.dot.gov, including any personal
of a fire. This AD requires information you provide. We will also
accomplishing the actions specified in FAA’s Determination of the Effective post a report summarizing each
the service information described Date substantive verbal contact with FAA
previously, except as discussed under personnel concerning this AD. Using the
‘‘Difference Between the AD and the Since an unsafe condition exists that search function of that Web site, anyone
Service Bulletins.’’ requires the immediate adoption of this can find and read the comments in any
AD, we have found that notice and of our dockets, including the name of
jlentini on PROD1PC65 with RULES

Difference Between the AD and the opportunity for public comment before
Service Bulletins the individual who sent the comment
issuing this AD are impracticable, and (or signed the comment on behalf of an
The PATS Aircraft service bulletins that good cause exists to make this AD association, business, labor union, etc.).
do not specify a compliance time for effective in less than 30 days. You may review the DOT’s complete

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53564 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Rules and Regulations

Privacy Act Statement in the Federal is within the scope of that authority Adoption of the Amendment
Register published on April 11, 2000 because it addresses an unsafe condition
(65 FR 19477–78), or you may visit that is likely to exist or develop on ■ Accordingly, under the authority
http://dms.dot.gov. products identified in this rulemaking delegated to me by the Administrator,
action. the FAA amends 14 CFR part 39 as
Examining the Docket follows:
You may examine the AD docket on Regulatory Findings
the Internet at http://dms.dot.gov, or in We have determined that this AD will PART 39—AIRWORTHINESS
person at the Docket Management not have federalism implications under DIRECTIVES
Facility office between 9 a.m. and 5 Executive Order 13132. This AD will
p.m., Monday through Friday, except ■ 1. The authority citation for part 39
not have a substantial direct effect on continues to read as follows:
Federal holidays. The Docket the States, on the relationship between
Management Facility office (telephone the national government and the States, Authority: 49 U.S.C. 106(g), 40113, 44701.
(800) 647–5227) is located on the plaza or on the distribution of power and
level of the Nassif Building at the DOT responsibilities among the various § 39.13 [Amended]
street address stated in the ADDRESSES levels of government.
section. Comments will be available in ■ 2. The Federal Aviation
For the reasons discussed above, I Administration (FAA) amends § 39.13
the AD docket shortly after the Docket certify that the regulation:
Management System receives them. by adding the following new
1. Is not a ‘‘significant regulatory airworthiness directive (AD):
Authority for This Rulemaking action’’ under Executive Order 12866;
2006–18–11 Boeing: Amendment 39–14750.
Title 49 of the United States Code 2. Is not a ‘‘significant rule’’ under the Docket No. FAA–2006–25746;
specifies the FAA’s authority to issue DOT Regulatory Policies and Procedures Directorate Identifier 2006–NM–151–AD.
rules on aviation safety. Subtitle I, (44 FR 11034, February 26, 1979); and
Effective Date
section 106, describes the authority of 3. Will not have a significant
economic impact, positive or negative, (a) This AD becomes effective September
the FAA Administrator. Subtitle VII,
on a substantial number of small entities 27, 2006.
Aviation Programs, describes in more
detail the scope of the Agency’s under the criteria of the Regulatory Affected ADs
authority. Flexibility Act. (b) None.
We are issuing this rulemaking under We prepared a regulatory evaluation
the authority described in subtitle VII, Applicability
of the estimated costs to comply with
part A, subpart III, section 44701, this AD and placed it in the AD docket. (c) This AD applies to Boeing Model 737–
‘‘General requirements.’’ Under that See the ADDRESSES section for a location 200, –300, –400, and –500 series airplanes,
section, Congress charges the FAA with certificated in any category; equipped with
to examine the regulatory evaluation.
an auxiliary fuel system installed in
promoting safe flight of civil aircraft in accordance with Supplemental Type
List of Subjects in 14 CFR Part 39
air commerce by prescribing regulations Certificate (STC) SA83NE, SA1078NE,
for practices, methods, and procedures Air transportation, Aircraft, Aviation SA725NE, ST00040NY, or ST01337NY;
the Administrator finds necessary for safety, Incorporation by reference, having serial numbers (S/N) listed in Table
safety in air commerce. This regulation Safety. 1 of this AD.

TABLE 1.—APPLICABILITY
As identified in PATS aircraft service bul-
For model— Having S/N(s)— letin—

737–200 series airplanes ................................... 22431 and 22628 ............................................. SA83NE–28–SB–002–IR, dated June 7, 2006.
737–200 series airplanes ................................... 22600 ............................................................... SA1078NE–28–SB–005–A, Revision A, dated
June 21, 2006.
737–200, –300, –400, and –500 seriesairplanes 23800, 22620, 23124, 23468, 26333, 26307, SA725NE–28–SB–007–B, Revision B, dated
27456, 27426, and 27906. July 27, 2006.
737–500 series airplanes ................................... 24970 ............................................................... ST00040NY–28–SB–003–IR, dated June 7,
2006.
737–500 series airplanes ................................... 28866 ............................................................... ST01337NY–28–SB–002–IR, dated June 7,
2006.

Unsafe Condition auxiliary fuel tanks, residual fuel leakage, Deactivate the Auxiliary Fuel System/Revise
(d) This AD results from a re-evaluation of and consequent increased risk of a fire. the Maximum Cargo Weight Limits
the floor structure and cargo barriers Compliance (g) Within 30 days after the effective date
conducted by the STC holder. We are issuing (e) You are responsible for having the of this AD: Do the actions in paragraphs (g)(1)
this AD to prevent structural overload of the actions required by this AD performed within and (g)(2) of this AD.
auxiliary fuel tank support structure, which the compliance times specified, unless the (1) Deactivate the auxiliary fuel system by
could cause the floor beams to fail and actions have already been done. doing all of the actions specified in Part IV
resultant damage to the primary flight of the applicable service bulletin.
controls and the auxiliary power unit fuel Service Bulletin References
(2) Revise the Limitations section of the
lines that pass through the floor beams, and (f) The term ‘‘service bulletin,’’ as used in applicable Boeing airplane flight manual
jlentini on PROD1PC65 with RULES

consequent loss of control of the airplane. We this AD, means the Part IV ‘‘Accomplishment (AFM) to include revised maximum cargo
are also issuing this AD to prevent structural Instructions,’’ and Part V ‘‘Maintenance
weight limits specified in the applicable
overload of the cargo barriers, which could Requirements,’’ of the applicable PATS
cause the barriers to fail, allowing the cargo Aircraft service bulletin identified in Table 1 PATS Aircraft AFM supplement identified in
to shift, resulting in possible damage to the of this AD. Table 2 of this AD. Operate the airplane

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Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Rules and Regulations 53565

according to the limitations in the applicable


AFM supplement.

TABLE 2.—AFM SUPPLEMENTS FOR REVISED MAXIMUM CARGO WEIGHT LIMITS


STC configura- Use PATS aircraft AFM supple-
For model— Having S/N(s)— STC— tion(s)— ment—

737–200 series airplanes ............ 23124 .......................................... SA725NE .... 2 ................................ 148, dated May 31, 2006.
737–200 series airplanes ............ 22620 and 23468 ........................ SA725NE .... 3 and 8 ...................... 149, Revision A, dated August
11, 2006.
737–200 series airplanes ............ 22600 .......................................... SA1078NE .. 3 Tank forward .......... 152, dated May 31, 2006.
737–200 series airplanes ............ 22431 and 22628 ........................ SA83NE ...... 2 ................................ 155, dated May 31, 2006.
737–300 series airplanes ............ 27456, 26307, and 26333 .......... SA725NE .... 1 and 6 ...................... 147, dated May 31, 2006.
737–300 series airplanes ............ 23800 .......................................... SA725NE .... 7 ................................ 151, dated May 31, 2006.
737–400 and –500 series air- 27906 and 27426 ........................ SA725NE .... 4 and 5 ...................... 150, dated May 31, 2006.
planes.
737–500 series airplanes ............ 28866 .......................................... ST01337NY Aft 3-tank ................... 153, Revision A, dated August 3,
2006.
737–500 series airplanes ............ 24970 .......................................... ST00040NY 7 ................................ 154, dated May 31, 2006.

Repetitive Venting of the Built-Up Pressure a location where the airplane can be which the AMOC applies, notify the
in the Auxiliary Fuel Tanks modified, provided the airplane is operated appropriate principal inspector in the FAA
(h) After deactivating the auxiliary fuel with the auxiliary fuel tanks empty of Flight Standards Certificate Holding District
system as specified in paragraph (g) of this useable fuel. Office.
AD: Following each flight, vent the auxiliary Alternative Methods of Compliance
fuel tanks by doing all of the actions Material Incorporated by Reference
(AMOCs)
specified in paragraph A. of Part V of the (k) You must use the PATS Aircraft service
applicable service bulletin. (j)(1) The Manager, New York Aircraft bulletins specified in Table 3 of this AD and
Certification Office, FAA, has the authority to
Special Flight Permits the PATS Aircraft airplane flight manual
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 supplements specified in Table 4 of this AD,
(i) Special flight permits may be issued in
accordance with sections 21.197 and 21.199 CFR 39.19. as applicable, to perform the actions that are
of the Federal Aviation Regulations (14 CFR (2) Before using any AMOC approved in required by this AD, unless the AD specifies
21.197 and 21.199) to operate the airplane to accordance with § 39.19 on any airplane to otherwise.

TABLE 3.—SERVICE BULLETINS INCORPORATED BY REFERENCE


PATS aircraft service bulletin— Revision level— Dated—

SA1078NE–28–SB–005–A ................................................................................................................................ A ....................... June 21, 2006.


SA725NE–28–SB–007–B .................................................................................................................................. B ....................... July 27, 2006.
SA83NE–28–SB–002–IR ................................................................................................................................... Original ............. June 7, 2006.
ST00040NY–28–SB–003–IR ............................................................................................................................. Original ............. June 7, 2006.
ST01337NY–28–SB–002–IR ............................................................................................................................. Original ............. June 7, 2006.

TABLE 4.—AIRPLANE FLIGHT SUPPLEMENTS INCORPORATED BY REFERENCE


PATS aircraft airplane flight manual supple- Revision level— Dated— To the—
ment—

147 .................................................................... Original ....................... May 31, 2006 ............. Boeing 737–300 Airplane Flight Manual.
148 .................................................................... Original ....................... May 31, 2006 ............. Boeing 737–200 Airplane Flight Manual.
149 .................................................................... A ................................. August 11, 2006 ......... Boeing 737–200 Airplane Flight Manual.
150 .................................................................... Original ....................... May 31, 2006 ............. Boeing 737–400/500 Airplane Flight Manual.
151 .................................................................... Original ....................... May 31, 2006 ............. Boeing 737–300 Airplane Flight Manual.
152 .................................................................... Original ....................... May 31, 2006 ............. Boeing 737–200 Airplane Flight Manual.
153 .................................................................... A ................................. August 3, 2006 ........... Boeing 737–500 Airplane Flight Manual.
154 .................................................................... Original ....................... May 31, 2006 ............. Boeing 737–500 Airplane Flight Manual.
155 .................................................................... Original ....................... May 31, 2006 ............. Boeing 737–200 Airplane Flight Manual.

The Director of the Federal Register DC; on the Internet at http://dms.dot.gov; or Issued in Renton, Washington, on August
approved the incorporation by reference of at the National Archives and Records 23, 2006.
these documents in accordance with 5 U.S.C. Administration (NARA). For information on Kalene C. Yanamura,
552(a) and 1 CFR part 51. Contact PATS the availability of this material at the NARA,
Aircraft, LLC, Product Support, 21652 Acting Manager, Transport Airplane
call (202) 741–6030, or go to http:// Directorate, Aircraft Certification Service.
Nanticoke Avenue, Georgetown, Delaware
www.archives.gov/federal_register/
jlentini on PROD1PC65 with RULES

19947, for a copy of this service information. [FR Doc. E6–14618 Filed 9–11–06; 8:45 am]
You may review copies at the Docket code_of_federal_regulations/
BILLING CODE 4910–13–P
Management Facility, U.S. Department of ibr_locations.html.
Transportation, 400 Seventh Street, SW.,
Room PL–401, Nassif Building, Washington,

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